Gordon Marsden: My apologies for my lateness; Members will not be surprised to hear that it was a result of Network Rail.
I do not believe that the Government’s record so far in saying there are sufficient safeguards gives us a great deal of confidence. The truth of the matter is that there are still major issues with the teaching excellence framework that cannot simply be resolved down a Committee corridor at some point. They need proper and full scrutiny on the Floor of the House of Commons, which is why we tabled these amendments. In a spirit of good will, and because my colleague moved the amendment in my place, I will not detain the Committee further. I do, however, note that we view the whole way in which the TEF is being handled in administrative and governmental terms as very fishy. We will continue to probe the Minister on it, so his hopes of a swift finish to the day might be dashed.

Jo Johnson: I thank the hon. Gentleman for tabling the amendment on a subject that he and I have discussed on many occasions over the last year or so. I am sure we will continue to do so for some time to come.
The summary of our position is that excellent teaching can occur in many forms. There is no one-size-fits-all definition of teaching excellence, but great teaching, defined broadly, increases the likelihood of good outcomes, and metrics are crucial to measuring those outcomes. Chris Husbands, the TEF chair and vice-chancellor of Sheffield Hallam, has noted that the TEF’s approach is realistic about the difficulty of assessing teaching quality. He wrote:
“It does not pretend to be a direct audit of the quality of teaching. Instead, it uses a range of evidence to construct a framework within which to make an assessment—looking at a range of data on teaching quality, learning environments and student outcomes.”
In developing the metrics, we and the Higher Education Funding Council for England have listened carefully to the consultation feedback. We have used a set of criteria to decide which metrics to use: that they must be robust, valid, comprehensive, credible and current. We wanted to use tried and tested data sets that are already widely established in the sector, not least to avoid the need to collect new data and impose a burden on institutions. There is currently a limited set of metrics that meet those criteria, but those metrics do allow for differentiation across providers. For example, on retention and student outcomes, many providers are well above or below the current sector-accepted benchmark. Quality teaching clearly makes a difference. To quote Chris Husbands again, his
“sense is that as the system matures, the metrics will also mature, but it is difficult to argue that teaching quality, learning environment and student outcomes are not the right places to look to make an assessment.”
We consulted extensively on the metrics as part of the year 2 technical consultation and made further improvements to the way the metrics were handled. The sector has welcomed our changes. For example, on the  publication of the TEF year two documentation, Maddalaine Ansell, the chief executive of University Alliance, said:
“There are decisions here that we strongly welcome, such as a broader approach to benchmarking…and a more granular system for looking at performance differences… We remain confident that we can work with government to shape the TEF so it works well as it develops.”
Let me turn to some of the specific points that the hon. Member for Sheffield Central and other hon. Members made on the metrics proposed and on widening participation. Essentially, the question was, “Won’t the TEF metrics and the TEF process itself encourage providers not to take people from disadvantaged groups?” The answer to that question is clearly no. Providers will be required to demonstrate their commitment to widening participation as a precondition of taking part in the TEF. Assessors will consider how the provider performs across all modes of delivery and its effectiveness at meeting the needs of students from different backgrounds. The assessment process will, however, explicitly look at the extent to which the provider achieves positive outcomes for disadvantaged groups, and the metrics will be benchmarked to prevent the TEF being gamed and to ensure that no institution is penalised for having a large cohort of disadvantaged students.
It is worthwhile reflecting on what a current vice-chancellor says about this aspect of the TEF in relation to widening participation. Edward Peck, the vice-chancellor of Nottingham Trent, recently wrote:
“Emphasising widening access, selecting these metrics, and connecting TEF and fee flexibility will prompt, if pursued rigorously, ever more serious consideration within universities of the ways in which young people from poorer backgrounds get in, are supported in staying, and get decent jobs when they leave. These are just the conversations that we ought to be having in universities more often and with greater results.”

I am sorry to tell the Chief Whip that I cannot name the next person I wish to quote because he wishes to write anonymously [Laughter.] That is because he is a young academic who is too financially insecure to risk rocking the boat over the TEF structure. Not the Chief  Whip—I promoted him—but the Government Whip will perhaps store his guffaws and allow me to quote from a piece about the TEF in The Guardian on 23 September.
“There was—at least in my mind—huge potential for the Tef to recognise the valuable job that teaching-intensive universities do, and encourage sound pedagogical practice… Rather than doing any of these things, the Tef will be based on three crude metrics: student retention and progression; the number of students in paid employment after graduation; and scores on selected items of the National Student Survey… Methodologically, the Tef is flawed. For instance, students’ assessments of individual teachers show persistent gender bias, and the item on assessment and feedback hardly ever changes, whatever the context. It’s also flawed conceptually: ‘satisfaction’ is not the same as ‘learning’, as any psychology text will tell you.”
That was something the hon. Member for Cannock Chase’s colleague amusingly commented on earlier. The writer continues:
“The Tef isn’t concerned with the art and practice of teaching. It does not set out to capture and promote those practices… I don’t believe that universities have to resign themselves to the Tef structure… But I can’t speak out: as a young academic, I’m far too financially insecure to risk rocking the boat.”
Let me quote somebody who is prepared and able to put her head above the parapet: a senior professor of psychology at Oxford, Dorothy Bishop.
“The report shows that while the costs of TEF to the higher education sector…are estimated at £20 million, the direct benefits will come to £1,146 million, giving a net benefit of £1,126 million.”
She shows clearly that crucial data from statistical modelling show that the
“TEF generates money for institutions that get a good rating because it allows them to increase tuition fees in line with inflation. Institutions that don’t participate in the TEF or those that fail to get a good enough rating will not be able to exceed the current £9,000 a year fee, and so in real terms their income will decline over time.”

Gordon Marsden: I acknowledge any improvements, however they have come, for people from disadvantaged backgrounds, but there is also the counter-evidence of the figures that I have given. The Minister knows, because he will have been lobbied very hard by the  Open University, Birkbeck and others, that there is great concern out there about the whole process. The Government have become complacent. Coming from a relatively low level of increase, the assumption is that they can continue to load debt on to young people. I come back to what I said. If they do that in the context of the teaching excellence framework, they are not helping students, not helping universities and not helping the social mobility that the Minister and I desperately want to see in this country.
In terms of the teaching excellence framework and the proposal as to how the ratings work and how the tuition fee will be linked to it, we should think about the people who advise those who might apply to universities. It was interesting to see the comments of the spokesperson for the large independent schools talking about this in the TES at the end of August. He said:
“What does this tell us about the way the HE sector views itself? Is it becoming fundamentally more commercialised? Are universities simply in a fight for survival”—
he is talking about the rise in fees—
“Or are they just realistically pointing to the cost of what is still, let’s not forget, a world-class sector?”
The Committee will have to excuse my French, as it were, but this is what he says:
“Perhaps, once the python has swallowed the pig, £9,250 has been accepted with a shrug of the shoulders and once-a-year rises are the norm throughout our big HE sector, this little storm will seem irrelevant. But I doubt it. Prospective students…need more than ever to consider their options carefully. For many, a strong UK university degree will still be absolutely the right thing…For others, a free…degree apprenticeship will be a better option.”
He also said others may look abroad and that
“as we take transition from school to university more seriously, it will be interesting to know how many of our graduates decide their degree was not worth the money paid.”
The Minister will have had representations, and rightly so, from the Campaign for British Universities and others on the alternative white paper, which suggests that the Bill should include
“A major opportunity…to review and reduce the burden of red tape facing all UK institutions. Yet this bill proposes additional and wasteful bureaucracy.”
It also makes the point that
“the TEF’s costs will be borne by universities themselves, which will be forced to pass on these costs to students and their families. And, since even the highest TEF scores will only allow fee increases equal to inflation”
that will be a problem. It continues:
“The TEF is also entirely wasteful because there is simply no solid evidence that UK university teaching is of such poor quality that additional regulation is needed.”
I do not entirely share that perspective, but I do share the concerns of those people who are worried that the calibre of their teaching and what they are doing will be significantly affected by the way in which the Government are linking the TEF with increased tuition fees.
The TEF process really ought to have more debate on the Floor of the House. If the Opposition had greater confidence that the Minister and his team were looking at that broader element, we might be less severe in our criticisms. However, it is not just us saying such things.   In the Royal Academy of Engineering’s submitted evidence, HERB 41, it welcomed the principle of the TEF and said it has
“long argued for improvements in the balance of teaching”.
However, it also talked about the importance of the
“use of benchmarks for comparison between universities on aspects such as ethnicity and socio-economic deprivation.”
Indeed, those are issues that my hon. Friends have already talked about. It continued:
“The Academy would like to see the TEF move towards a discipline based measure as soon as possible, as a TEF score for an entire university will not provide any meaningful data”.
Therein lies the nub of it. That is an issue on which the Minister has been questioned on several occasions in diverse places and on which, thus far, we have no answers.
It is not unreasonable for people to be concerned about where that is going. It is not unreasonable for us to ask questions, and it is certainly not unreasonable for us to ask them when, yet again, we see the Government trying to shoehorn through a measure without proper scrutiny in the House, linking it in a way that will not be valuable and successful for our students or for our universities.
I remind the Minister that the two-year period the Bill proposes we now commence, of an “as you were” situation that will allow universities to increase their tuition fees to a yet unknown amount, will coincide with a period of huge political uncertainty as we manage to negotiate—or not, given the Government’s current record—a satisfactory outcome to the referendum. We see today in the foreign exchange figures and all sorts of other figures how uncertain that process will be. We know already of the blockages and concerns in terms of research that HE institutions in this country say they will face as a result of Brexit, and we will no doubt return to those issues in part 3 of the Bill. In that situation, maintaining the quality of our universities and the understanding of the quality of UK plc internationally will be crucial.
We only get one chance with these things. If the Government ruin the potential of a teaching excellence framework by linking it inappropriately, by not addressing some of the major issues I have talked about and by producing a situation where students and universities feel unsatisfied and the rest of the outside world wonders what on earth is going on, they will inflict damage on the HE sector in this country—unwantedly—that would take decades to recover from. It is an act of complete and supreme folly at this time to use party political games to avoid having to make decisions about inflation-based rises in tuition fees and to shoehorn that into a framework that was never designed for that process. That is why we are profoundly concerned by clause 25 and the way in which the Minister has responded, and we shall oppose clause stand part.

Gordon Marsden: I beg to move amendment 230, in schedule 4,page73,line29, at end insert?
“(ca) a number of persons that, taken together, appear to the OfS to represent, or promote the interests of, higher education staff”.
See amendment 231.

With this it will be convenient to discuss amendment 231,page75,line20, at end insert?
“(da) a number of persons that, taken together, appear to the OfS to represent, or promote the interests of, higher education staff”.
This amendment and amendment 230 would ensure that before recommending the designation of a body to perform assessment functions the OfS consults with bodies representing higher education staff.